On Monday, October 20th, 2014, the U.S. Department of Education published changes to strengthen the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (“Clery Act”) in the Federal Register. These changes implement amendments to the Clery Act made by the Violence Against Women Act of 2013.
The changes will require institutions to:
Record incidents of dating violence, domestic violence and stalking in addition to sexual assault.
Add gender identity and national origin as two new categories of bias that serve as the basis for a determination of a hate crime.
Provide notice of their rights and the institution’s policies to all students who report incidents of dating violence, domestic violence, sexual assault and stalking,
Describe the range of protective measures that the institution may offer following a report of dating violence, domestic violence, sexual assault, or stalking.
Provide students with a prompt, fair, and impartial disciplinary proceeding and allow all students to be accompanied during the institutional disciplinary proceeding and any related meeting or proceeding by an advisor of their choice.
Specify each type of disciplinary proceeding used by the institution in cases of reported dating violence, domestic violence, sexual assault and stalking, including the steps, anticipated timelines, and decision-making process for each, and how the institution determines which type of disciplinary proceeding to use.
Include in their annual security report a statement of policy regarding the institution's programs to prevent dating violence, domestic violence, sexual assault, and stalking; the training provided to those involved in disciplinary proceedings; and all of the sanctions institutions may impose as result of the findings made in such proceedings.
Define key terms used in the statute, including “proceeding” and “result” and a range of terms related to the institution’s “programs to prevent dating violence, domestic violence, sexual assault, and stalking”
The process for writing these rules was extensive, including convening a “negotiating rulemaking committee” that worked on writing rules from three months and came to consensus on April 1 on a set of proposed rules. The Department also considered input from other stakeholders after proposed rule changes were published in the Federal Register on June 20, 2014.
The Clery Act was originally signed into law in 1990 and has been amended multiple times since, and it already required higher education institutions to:
· annually publish and distribute campus crime statistics;
· maintain a public crime log;
· issue timely warnings to the campus community about crimes that pose a serious or ongoing threat;
· devise an emergency response policy;
· compile and report fire data; and
· enact policies and procedures to handle reports of missing students.
NASPA’s Public Policy Division Chair, Dr. Lisa Erwin, and Nancy Chi Cantalupo, Associate Vice President of Equity, Inclusion & Violence Prevention, served as Negotiators, although Nancy joined NASPA after the committee completed its work. NASPA will continue to monitor these issues to bring members the latest information regarding advancements in sexual violence prevention on college campuses.